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HomeMy WebLinkAbout1984 03-06 CC MINBook 64 Page 80 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA MARCH 6, 1984 The regular meeting of the City Council of the City of National City was called to order at 4:00 p.m. by Mayor Morgan. ROLL CALL Council members present: Camacho, Lalla, Van Deventer, Waters, Morgan. Absent: None. Administrative officials present: Benzing, Bolint, Campbell, McCabe, McLean, Post. SALUTE TO THE FLAG AND INVOCATION The meeting was opened with salute to the flag led by City Manager McCabe, followed with invocation by Father William Ortman, St. Mary's Catholic Church. Mayor Morgan requested a moment of silence in memory of George James. APPROVAL OF MINUTES Moved by Camacho, seconded by Van Deventer, the minutes of the regular meeting of February 28, 1984 be approved. Carried by unanimous vote. PROCLAMATIONS Moved by Camacho, seconded by Van Deventer, the Proclamations be presented by title only. Carried by unanimous vote. The Mayor's proposed Proclamation declaring the week of March 11-17, 1984 as "PARENT AWARENESS WEEK" was presented. Moved by Van Deventer, seconded by Camacho, in favor of this Proclamation. Carried by unanimous vote. Mayor Morgan presented the Proclamation to Nancy Castro, Coordinator Sweetwater Outreach Services Consortium. The Mayor's proposed Proclamation declaring the month of March as "MENTAL RETARDATION MONTH" was presented. Moved by Van Deventer, seconded by Camacho, in_favor of this Proclamation. Carried by unanimous vote. Mayor Morgan presented the Proclamation to Dr. Richard Farmer, Assoc. for Retarded Citizens. The Mayor's proposed Proclamation, "SGI YOUTH DAY" was presented. Moved by Van Deventer, seconded by Camacho, in favor of this Proclamation. Carried by unanimous vote. Mayor Morgan presented the Proclamation to Sybil Sepassi, SGI. The Mayor's proposed Proclamation, "F. GEORGE JAMES DAY" was presented. Moved by Van Deventer, seconded by Camacho, in favor of this Proclamation. Carried by unanimous vote. Mayor Morgan said he has asked that the flags be lowered tomorrow; Mr. James did a great deal for this community; he will present the Proclamation to Mr. James' family. PUBLIC ORAL COMMUNICATIONS Mayor Morgan recommended that Larry Tagle be appointed to the Planning Commission. Moved by Van Deventer, seconded by Camacho, in favor of the Mayor's recommendation. Carried by unanimous vote. Mayor Morgan reported the James family requested no flowers, but a donation to a youth fund set up at Sweetwater High. Moved by Waters, seconded by Van Deventer, the City donate $250 to the George James Memorial Scholarship Fund at Sweetwater High. Carried by unanimous vote. 3/6/84 Book 64 Page 81 ADOPTION OF RESOLUTIONS Moved by Camacho, seconded by Van Deventer, the Resolutions be Presented by title only. Carried by unanimous vote. Resolution No. 14,262, "RESOLUTION ESTABLISHING VOTING PRECINCTS AND POLLING PLACES, APPOINTING PRECINCT BOARD MEMBERS AND FIXING COMPENSATION FOR THE GENERAL MUNICIPAL ELECTION OF THE CITY ON TUESDAY, APRIL 10, 1984." Moved by Van Deventer, seconded by Camacho, Resolution No. 141262 be adopted. Carried by unanimous vote. Resolution No. 14,263, "RESOLUTION APPROVING AN ENCROACHMENT REMOVAL AGREEMENT; WALL IN THE PUBLIC RIGHT-OF-WAY, 1811 'N' AVENUE (GORDY)." Moved by Van Deventer, seconded by Della, Resolution No. 14,263 be adopted. Carried by unanimous vote. Resolution No. 14,264, "RESOLUTION AUTHORIZING A BUDGET AMENDMENT FOR GUARD RAIL ON 'L' AVENUE ABOVE THE SOUTH BAY PLAZA SHOPPING CENTER." Moved by Waters, seconded by Camacho, Resolution No. 14,264 be adopted. Discussion. Carried by unanimous vote. Resolution No. 14,265, "RESOLUTION ACCEPTING WORK AND AUTHORIZING FILING OF NOTICE OF COMPLETION, TREE REMOVAL & SIDEWALK REPLACEMENT, ENGINEERING SPEC. NO. 935." Moved by Van Deventer, seconded by Camacho, Resolution No. 14,265 be adopted. Carried by unanimous vote. Resolution No. 14,266, "RESOLUTION AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS (POLICE SALARIES ACCT.)." Moved by Waters, seconded by Van Deventer, Resolution No. 14,266 be adopted. Mayor Morgan said something that disturbs him is the 75% retirement; he was not sure whether that will get us in trouble in the future or not, but it's something that the Council should be concerned with because wages are high, and 92 people in the Police Dept. is a pretty good staff; it should be checked into and see if we can pay the retirement when the time comes, because that will be a staggering sum of money; all over the nation they are changing these retirements, and the Supreme Court ruled where people can go bankrupt and eliminate some of these retirements and other benefits; it's something the City needs to think about; he voted for this and is in favor of it; he is thinking about the future. Councilman Waters said what we're talking about is $28,000 we're transferring over to the Police fund to pay for the use of several police officers down at the Plaza Bonita; maybe what you have in the back of your mind is that maybe these two officers will become permanent and increase our police force. Mayor Morgan continued, he was not saying that; we need to go ahead with what we've got; if we add other policemen, we're going to have to start thinking about what it's going to cost us to pay the retirement on these police officers; maybe the City can afford it, and maybe they can't; the more you've got on the payroll down there, and they retire on 75%, and the years, it's going to add a lot of burden onto the people of National City. Motion carried by unanimous vote. Resolution No. 14,267, "RESOLUTION AUTHORIZING APPROPRIATION AND TRANSFER OF FUNDS (POLICE SALARIES ACCT.)." Moved by Waters, seconded by Van Deventer, Resolution No. 14,267 be adopted. Carried by unanimous vote. Resolution No. 14,268, "RESOLUTION SETTING PUBLIC HEARING TO CONSIDER RENEWAL OF COX CATV NON-EXCLUSIVE FRANCHISE AND ADOPTION OF NEW MUNICIPAL CODE CHAPTER ON CATV." Moved by Van Deventer, seconded by Dalla, Resolution No. 14,268 be adopted. Discussion. Carried by unanimous vote. 3/6/84 Book 64 Page 82 ORDINANCE FOR ADOPTION Moved by Van Deventer, seconded by Camacho, the Ordinance be presented by title only. Carried by unanimous vote. Ordinance No. 1813 (a/28/84-1), "ORDINANCE PURSUANT TO THE LAND USE CODE OF THE CITY OF NATIONAL CITY AMENDING THE MOTEL PLANNED DEVELOPMENT (MPD) COMBINING ZONE TO VARIOUS PROPERTIES IN NATIONAL CITY (Case File No. ZC-3-83)." Moved by Van Deventer, seconded by Waters, Ordinance No. 1813 (2/R8184-1) be adopted. Carried by unanimous vote. OLD BUSINESS The Public Works Director's report on MAINTENANCE AND REPAIR WORK REQUIRED AT CITY SCORE SHACKS AND SNACK STANDS (On February 28, Council requested that a report be brought back as to the Maintenance/Repair items at each of the City's score shacks or snack stands, with an estimated cost to accomplish each; criteria was to bring the buildings back into good overall condition; work in connection with the Las Palmas ball field snack stand roof and ceiling was authorized on February 28 and is presently underway; the report on remaining work is appended and has been broken into three categories: .1. Essential - safety related or required to make the facility fully usable, or graffiti paint -over; 2. Desirable - primarily habitability improvement and esthetic considerations; 3. Alterations and Improvements, will require discussions with various using agency officials and are to be submitted as line items in the Public Works FY 85 budget; estimated material and contract costs for all Essential work items is $2,236; in-house work will total an estimated 136 man hours; estimated material costs for desirable work items is $653; in-house work for this category would total an estimated 93 man hours; requirements for future routine maintenance will be included in normal Public Works budgets; after completion of the above work, as authorized, agreements will be established with using activities, including graffiti to be a City responsibility; the Kimball Building keys were not available in time for the shacks to be included in this study; staff will inspect as soon as keys are available; the buildings are anticipated to be in good condition and the work required can be accomplished within the $3,000 budget cost; staff recommends staff be directed to accomplish Essential and Desirable repairs and bring back a resolution providing $3,000 for accomplishment) was presented. Moved by Van Deventer, seconded by Waters, in favor of staff's recommendation. Discussion. Councilman Van Deventer said he would like to see the fencing for El Toyon Park included in the '85 budget. Further discussion. Motion carried by unanimous vote. NEW BUSINESS The City Treasurer/Finance Director's request for RATIFICATION of WARRANT REGISTER NO. 35, dated February 28, 1984, in the amount of $229,027.58 (Warrants Nos. 82957 through 83011 [82957 voided]) was presented. Moved by Waters, seconded by Camacho, the bills be paid and warrants drawn. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters, Morgan. Nays; None. The CLAIM FOR DAMAGES of Robert Lloyd Norris III, arising from an accident on February 23, 1984, and filed with the City Clerk on February 28, 1984 was presented. Moved by Camacho, seconded by Van Deventer, this claim be denied and referred to the City Attorney. Carried by unanimous vote. The City Engineer's request for APPROVAL of FINAL CONTRACT CHANGE ORDER for TREE REMOVAL, SIDEWALK REPLACEMENT, Engineering Spec. No. 935 (As the contract progressed, various additions and deletions were made; the contractor has submitted a claim for extra work required and for City caused delays; staff has reviewed all of the above and finds them valid; net increase in the contract amount is $8,574.68; final 3/6/84 Book 64 Page 83 acceptance of the contract is under Resolutions of this agenda; the contractor did excellent work and completed the work in about 1/3 the allowed time; sufficient funds are available in account No. 122-522-500-567-1331; staff recommends approval) was presented. Discussion. City Engineer Benzing said Council's direction was to not take any trees at the locations where people objected; they had to root prune, and there was no bid item for root pruning. Further discussion. Moved by Van Deventer, seconded by Camacho, in favor of staff's recommendation. Carried by unanimous vote. The City Engineer's report on FEASIBILITY of PETITION (for grade, pave, curb and gutter if required), 22nd St., 'J' Avenue to 'K' Avenue (With reference to the Streets and Highways Code, Division 4, Part 1, Section 2804, a Certificate of Engineer (See Document No.70088) has been prepared from the petition; the Certificate indicates that this project can proceed and waives the 1931 Act proceedings; staff recommends Council accept the Certificate of the Engineer and direct the project to proceed) was presented. Moved by Van Deventer, seconded by Camacho, the Certificate of Engineer be accepted, and the project be directed to proceed,. Carried by unanimous vote. The recommendations of the STREET TREE AND PARKWAY COMMITTEE from their meeting of February 16, 1984 (...the following street tree removals: 1032, 1040 and 1044 'C' Ave., Mrs. Marguerite Hall, recommend removal of five street trees with roots creating sidewalk damage; payment of $15.00 for each replacement tree to be paid; new trees to be of uniform variety with existing trees; 1820 'G' Ave., Fred G. Chase and neighbor, 600 block of E. 18th St., Ernie Zamudio, recommend removal of olive tree which is very messy in order to plant eight new trees [four in front of each address] of the same variety; payment of $15.00 for each replacement tree to be paid) was presented. Moved by Waters, seconded by Camacho, in favor of the Street Tree and Parkway Committee's recommendations. Vice Mayor Dalla said some of these locations involve some of his neighbors, so he would abstain. Motion carried by the following vote, to -wit: Ayes: Camacho, Van Deventer, Waters, Morgan. Nays: None. Abstaining: Dalla. The request of the NATIONAL CITY NATIONAL LITTLE LEAGUE to serve ALCOHOLIC BEVERAGES (The Little League has requested the use of Kimball Community Bldg. to hold its annual fund raising dance on May 12, 1984, approximately 200 adults to attend; the Little League is requesting Council authorization to serve alcoholic beverages at this dance; City rental policy requires that the following be done when alcoholic beverages are to be served: 1. Applicant shall obtain a use permit from ABC, a copy to be filed with Public Works prior to the event; 2. A Certificate of Insurance [personal liability and property damage in the amounts of $100,000 for a single occurrence and $300,000 for multiple occurrences], naming the City as co-insured shall be submitted; 3. Security arrangements shall be approved by the Chief of Police; staff recommends approval subject to the three requirements mentioned above) was presented. Moved by Camacho, seconded by Van Deventer, in favor of this request. Carried, by the following vote, to -wit: Ayes: Camacho, Dalla, Van Deventer, Waters, Nays: None. Abstaining: Morgan. The report of NATIONAL CITY TRANSIT on DISPOSAL OF SURPLUS BUSES (Five of the old 40' buses are ready for disposal; direction is sought from Council; normally the buses would be sold through public auction and the proceeds used to reduce NCT's TDA subsidy; a County auction is scheduled for April and it is estimated that the buses could bring in between $1,000 and $3,000 each; it has been suggested that the buses be donated to some charitable organization; the City's general fund is not involved) was presented. Moved by Morgan, seconded by Waters, the buses be auctioned off and funds to be returned to the holding account. Carried by unanimous vote. 3/6/84 Book 64 Page 84 OTHER BUSINESS PLANNING COMMISSION - NOTICE OF DECISION Planning Commission Resolution No, 3-84, APPROVING CONDITIONAL USE PERMIT to ALLOW a DRY CLEANING PLANT (RETAIL) at 1320 Plaza Blvd., Suite K, Case File No. CUP-1984-1 (The applicant proposes to locate a Mr. Best Cleaners [retail dry cleaning plant] within a portion of the newly constructed Phase Two portion of the South Bay Plaza Shopping Center between Safeway and Sav-On; the use will occupy a total floor area of 1,200 sq. ft. and will contain a dry cleaning plant utilizing only safety solvents [no flarnmables]; proponent operated a similar type of establishment within the "old" South Bay Plaza Shopping Center for approximately 18 years [One Hour Martinizing]; a few years ago, they moved to a temporary location on El Cajon Blvd. while the shopping center was being rebuilt; because the use was discontinued for a period in excess of one year and a change in the City's Land Use Regulations, a CUP is now required to establish this use in the Commercial -General zone; combined Zoning and General Plan designation is Commercial - General; staff concurs with the Planning Commission's approval) was presented. Discussion. Planning Director Post said a dry cleaning plant is not a permitted use in the zone and therefore must have a Conditional Use Permit; this gives various departments, such as the Fire Dept. a chance to look into it in depth. Further discussion. Moved by Waters, seconded by Van Deventer, this be approved. Carried by unanimous vote. CITY MANAGER City Manager McCabe asked the City Engineer to report on the status of the swimming pool. City Engineer Benzing said the contractor started work on February 1 and had 30 work days to complete the project; completion is now scheduled for March 14. CITY ATTORNEY City Attorney McLean spoke of Brandy's, saying the City terminated their lease, but when the time came for them to move, they did not move; the City filed an Unlawful Detainer Action; there was difficulty in serving the papers and substitute service was made by serving the bartender; an attorney representing Mr. Sanders contacted him and acknowledged that Mr. Sanders had been served; his answer to the Unlawful Detainer is due tomorrow; Building & Safety Director Reid went to inspect the property, and the electrical system is defective and dangerous; we have asked SDG&E to turn the power off; he would like to think the presiding judge would set the detainer for next week. OTHER STAFF - No reports. MAYOR Mayor Morgan spoke of surplus City -owned land on 29th St., saying we should declare that surplus and put it out to bid. Moved by Van Deventer, seconded by Camacho, to declare it surplus and go to bid. Discussion re having the land appraised. City Engineer Benzing said we had a recent appraisal on property near 19th & Coolidge; the appraisal indicated that clean, level, commercial land in this area is going for about $10/sq, ft.; the property in question is about 18,000 sq. ft. Further discussion. City Attorney McLean said his recommendation would be to find an appraiser who is acceptable to the City, is available to do the work, and get a commitment on time and get an employment letter that states a fee for making an estimate on value based on data available, together with an estimate of a fee for a finished final report if Council wants one; an estimate could probably be had from a good appraiser for about $1,000 to $1,500. Further discussion. Moved by Morgan, seconded by Waters, this be held over one week for the purpose of getting an appraisal. Carried by unanimous vote. 3/6/84 Book 64 Page 85 Mayor Morgan spoke of the need for cross gutter curb returns at Fedco, instead of regular driveways; this will cause traffic to back up. CITY COUNCIL Vice Mayor Dalla inquired when the Planning Commission was given the information re certain sections of the Government Code regarding campaign contributions to quasi-judicial bodies; the memo was dated January 24, but the Planning Commission discussed it at their last meeting. City Attorney McLean said he sent the information to the Planning Dept. and had conversations with the Planning staff regarding same; a couple weeks ago the subject was on the Planning Commission agenda, and at that time, he discussed with them the fact of these laws and how they apply to persons in their position, and answered any questions presented. Mayor Morgan asked the City Clerk to read the Proclamation, "F. GEORGE JAMES DAY" into the record: "WHEREAS, F. George James, a native of London, England, was a resident of National City since 1913, and "WHEREAS, he attended public schools in our community, stowed at the University of California at Davis, where he received his certificate in horticulture, and "WHEREAS, George James had a long history of community and public service, having served twice on the National City Planning Commission, as a member of the National City Public Library Board of Trustees, as the current Treasurer of the National City Chamber of Commerce, and served as a member of the Board of Port Commissioners for the Port of San Diego over three years, and was recently installed as its Chairman, "NOW THEREFORE, I Kile Morgan, Mayor of the City of National City, hereby declare Wednesday, Maxch 7, 1984 as F. GEORGE JAMES DAY in the City of National City, and order the flags to be flown at half-mast to commemorate the loss of one of its most valued citizens, who sought not only to do that which was best for the City but for the general welfare of everyone privileged to know this warm and sincere gentle person." ADJOURNMENT Moved by Waters, seconded by Camacho, the meeting be adjourned to 7:00 p.m., March 13, 1984. Carried by unanimous vote. The meeting closed at 4:44 p.m. CITY CLER The foregoing minutes were approved at the regular meeting of the City Council on March 13, 1984. Corrections No Corrections MAYOR CITY OF NATIONAL CITY, CALIFORNIA 3/6/84